There is hereby established a municipal
court for the City of Mount Hope, Kansas.The municipal court shall have jurisdiction to hear and determine cases
involving violations of the ordinances of the city.

The Kansas code of procedure for municipal
courts, as set forth in K.S.A. 12-4101 et seq. and all acts amendatory or
supplemental thereto shall govern the practice and procedure in all cases in
the municipal court.

In the event the municipal judge is
temporarily unable to preside due to absence, illness or disqualification, the
municipal judge shall designate an attorney or other qualified person to act as
judge pro tempore.In the event the
municipal judge fails to appoint a judge pro tempore, the judge pro tempore
shall be appointed in the same manner as the municipal judge is selected.The judge pro tempore shall receive
compensation as shall be provided by ordinance, payable in the same manner as
the compensation of the regular municipal judge.

In the event a vacancy shall occur in the
office of municipal judge, a successor shall be appointed to fill the unexpired
term in the same manner as the municipal judge was appointed.

There is hereby established the office of
the clerk of the municipal court of the City of Mount Hope, Kansas, which
office shall be filled by appointment by the municipal judge of the municipal
court. The duties of the office shall be those prescribed by the Code for
Municipal Courts set forth in Chapter 12, Article 41 of the Kansas Statutes,
and shall include the following duties:

(a)The
clerk shall issue all process of the court, administer oaths, file and preserve
all papers, docket cases and set same for trial and shall perform such further
acts as may be necessary to carry out the duties and responsibilities of the
court.The clerk shall receive, account
for and pay to the city treasurer monthly all fines and forfeited bonds paid into
the court. The clerk shall make reports to the judicial administrator and
furnish the information when requested by him, her or a departmental justice on
such forms furnished by the judicial administrator, and approved by the supreme
court. The clerk shall also serve as:

(1)the
City Probation Officer, and

(2)the
Diversion Coordinator and is charged with the implementation of the diversion
program. Diversion Agreements must be approved by the City Prosecutor.

(b)The
clerk of the municipal court shall within 10 days after selection and before
entering upon the duties of office, execute to the city such bond as the
governing body may require, which shall be approved by the governing body, and
file in the office of the city clerk, conditioned for the faithful performance
of the duties required of him or her by law, and for the faithful application
and payment of all moneys that may come into his or her hands in the execution
of the duties of the office. The city shall pay the cost of such bond.

(c)The
monthly salary of the clerk shall be fixed by ordinance.

(d)A
majority of all members of the council may remove the clerk appointed under the
authority of this article, or for good cause the mayor may temporarily suspend
any such appointed clerk.

Where a municipal court judgment against any
person results in a fine and/or court costs only, the same shall be satisfied
by paying the amount of such fine and/or court costs to the municipal court
immediately on the rendition of judgment, or at such time as thetax in part or in whole.

It shall be unlawful for any person to
willfully fail to pay any lawfully imposed fine for a violation of any law of
the city within the time authorized by the court and without lawful excuse
having been presented to the court on or before the date the fine is due.Such conduct constitutes a violation of this
article, regardless of the full payment of the fine after such time.

(a)It
shall be unlawful for any person charged with violation of any law of the city
to fail to appear before the municipal court when so scheduled to appear,
unless lawful excuse for absence is presented to the court on or before the
time and date scheduled for appearance.

(b)For
the purpose of subsection (a), failure to appear shall include willfully
incurring a forfeiture of an appearance bond and failure to surrender oneself
within 30 days following the date of such forfeiture by one who is charged with
a violation of the laws of the city and has been released on bond for
appearance before the municipal court for trial or other proceeding prior to
conviction, or willfully incurring a forfeiture of an appearance bond and
failing to surrender oneself within 30 days after his or her conviction of a
violation of the laws of the city has become final by one who has been released
on an appearance bond by any court of this state.

(c)Any
person who is released upon his or her own recognizance, without surety, or who
fails to appear in response to a summons, notice to appear, or traffic citation
duly served upon him or her personally shall be deemed a person released on
bond for appearance within the meaning of subsection (b) of this section.

(d)Failure
to appear, upon conviction thereof, shall be punishable by incarceration for up
to 30 days and/or a fine of up to $250.

In all cases in which a person is charged in
the Municipal Court of Mount Hope with a violation of any Ordinance of the City
and such person is adjudged guilty of any violation or enters a plea of guilty
or no contest to such violation, such person shall be assessed court costs in
the amount of $110 for all non-traffic Class A and B Misdemeanors and $85 for
all other violations, in addition to any fine or penalty assessed to such
person. No person shall be assessed any other court costs for the
administration of justice in any Municipal Court case, except for witness fees,
and mileage as set forth in KSA 12-4411, and amendments thereto; and for the
assessment for the Judicial Branch Education Fund, as set forth in KSA 20-1a
11, and amendments thereto; and for the assessment required by KSA 12-4114 and amendments
thereto for the Law Enforcement Training Center Fund, established pursuant to
KSA 74-5619, and amendments thereto; and the Local Law Enforcement Training
Reimbursement Fund established pursuant to KSA 74-5620, and amendments thereto;
and the Juvenile Detention Facilities Fund, as established pursuant to KSA
79-4803, and amendments thereto, and the Protection from Abuse Fund established
pursuant to KSA 74-7325, and amendments thereto; and the Crime Victims
Assistance Fund established pursuant to KSA 74-7334, and amendments thereto;
and the Trauma Fund established pursuant to KSA 2005 Supp. 75-5670, an
amendments thereto, as provided in KSA 12-4117 and amendments thereto; and for
the assessment required by KSA12-16,119 and amendments thereto, for the
detention facilities processing fee.

All bills which are determined to be bad
debt and turned over for outside collection, including the State of Kansas
setoff program, shall be subject to a fee of twenty-five percent (25%) of the
total of the delinquent amount. This bad debt administration charge shall be
applied prior to referral for collection.